tihravy  of t:he  theological  ^emmarjp 

PRINCETON    .   NEW  JERSEY 

PRESENTED  BY 

A.    G.    Cameron,  Ph.D. 


-s^/o 


1-^ 


A.  DIGEST 


y 


LAWS  OF  NEW  JERSEY 


KELATIYE    TO 


Bu1l)0,  S)catl)0,  aniTi  illarriaeics, 


INSTRUCTIONS,  ETC. 


COMPILED   UNDER   THE   DIEECTIOif   OF   THE   SECEETAEV   OF   STATE. 


TRENTON: 

PHILUPS    AND    BOSWELL,    Pl^INTEES^ 
No.^  4|  Chancery-court. 

1863. 


r 


CIP.CtTLA-H. 


Persons  reading  the  annexed  digest  of  the  laws  relative 
to  recording  deaths,  births,  and  marriages,  are  requested 
to  give  it  a,  sufficient  consideration  to  enable  them  to 
comprehend  what  duties  are  thereby  imposed  on  them^ 
and  the  penalties  they  incur  by  a  neglect  to  fulfil  them. 

The  undersigned,  having  charge  of  this  department,  is 
desirous  that  these  returns  should  be  made  as  fully  as 
possible.  He  is  officially  .informed  by  the  assessors,  whose 
duty  it  is  to  collect  them,  that  clergymen  who  celebrate! 
marriages  frequently  neglect  to  make  returns,  and  that 
the  ministers  of  one  or  more  deuominationsj  by  reason 
of  their  ecclesiastical  arrangements,  frequently  change 
their  location,  and  thus  render  it  impracticable  for  assess- 
ors to  find  them,  and  to  procure  the  returns  for  the  year 
preceding,  as  required  by  the  law  of  March,  18G3. 

J!Tot  supposing  that  omissions  arise  from  an  unwilling- 
ness to  discharge  the  duties  required  by  the  state,  but 
rather  from  not  knowing  the  requiretnents  of  the  law,  or 
from  forgetfulness  of  its  duties,  thi:5  digest  is  designed  to 
be  sent  to  every  one  of  the  one  thousand  clergj-men  in  the 
state.  And  it  is  hoped  that  the  trouble  and  expense 
thereby  incurred  will  be  taken  as  an  evidence  of  the  earn- 
est  desire  to  carry  out  the  object  of  the  law. 

The  undersigned  would  respectfully  suggest  that  the 
consideration  of  this  duty  should  be  presented  to  the  re* 
spective  ecclesiastical  courts,  so  that  all  (if  any  should  be 
casually  omitted)  may  be  reminded  of  this  important  duty, 
and  that  those  who  make  a  change  of  location  should  be 
careful  to  furnish  to  the  clerks  of  their  respective  town- 


^"hips  tbei'r  recorcls  of  all  marriages  celebrated  in  such 
township. 

This  matter  is  fully  and  respectfully  presented,  not 
inore  from  tbe  desire  to  have  its  provisions  carried  out, 
than  from  the  v^'ish  to  have  obviated  all  grounds  for  the 
imputation  sometimes  made  (the  truth  of  which  it  is  not 
conceded)  that  ministers  are  neglectful  in  the  discharge 
of  these  legal  duties. 

The  law  of  March  4th,  1795,  is  also  here  given,  al- 
though its  prdvisions  do  not  directly  concern  the  office  of 
the  undersigned.  It  will  be  perceived,  by  the  4th,  6th, 
and  7th  sections,  that  it  is  also  the  duty  of  all  persons 
celebrating  marriages  to  keep  a  record  of  them,  and  to 
transmit  a  certificate  of  the  same  to  the  county  clerk,  un- 
der the  penalty  therein  named. 

This  law  is  yet  in  force,  the  legislature  not  having 
thought  proper  to  repeal  it;  and  until  repealed,  it  is  the 
^duty  of  all  concerned  to  make  a  faithful  compliance  with 
its  provisions. 

For  various  reasons,  the  returns  for  the  year  1862,  up 
to  May,  1863,  have  iiot  been  completed.  It  is  therefore 
specially  requested  that  each  person  who  has  failed  for 
the  last  or  any  i:>reviou's.  year  to  send  to  the  clerk  or  asses- 
sor the  returns  of  marriages  required  by  the  3d  section  of 
act  of  March,  1848,  {page  8  )  may  transmit,  without  delay, 
such  returns  t^  the  township  clerk,  with  request  to  for- 
ward them  to  the  secretary  of  state. 

i  remain  respectfully,  &c. 

WHITFIELD  S.  JOHNSOI^, 

Secretary  of  State. 


I^IQEST  OF  TPIE  TuA.^VS 


EELATIVE    TO 


BIRTHS,  DEATHS,  AND  MARRIAGES,  ETC. 


An  act  to  register  births  aud  deaths,  wheu  required. 

1.  Be  it  exacted  b^/  {he  Couneil  and  General  Assemhhj 
of  this  State,  and  it  is  hereby  enacted  b>/  the  authority  of  the 
same,  That  the  clerk  of  every  township  shall  provide,  at 
the  expense  of  the  township,  a  book  f;.)r  the  purpose  of 
registering  births  and  deaths,  when  required  so  to  do,  in 
the  manner  herein  after  mentioned. 

2.  And  be  it  enacted,  That  the  parent  or  parents  of  every 
child  hereafter  born,  and  the  executors  or  administrators 
or  next  of  kin,  in  this  state,  of  every  person  who  shall 
hereafter  die,  may,  within  three  years  after  the  birth  of 
such  child  or  death  of  such  person,  apply  to  the  clerk  of 
the  township  in  which  such  birth  or  death  shall  have  hap- 
pened to  have  the  same  registered  according  to  the  direc- 
tions of  this  act^  and  on  proof  being  made  of  such  birth 
or  death  within  the  said  three  years,  in  the  manner  herein 
after  mentioned,  the  said  clerk  shall,  and  he  is  hereby  re- 
quired to  enter  in  the  said  book  the  name  of  such  child, 
the  time  and  place  of  his  or  her  birth,  and  the  name  of 
his  or  her  parent  or  parents;  and  in  ca&e  of  death,  the 
name  of  the  person  who  shall  have  departed  this  life,' and 
the  time  and  place  of  such  person's  death. 

3.  And  be  it  enacted.  That  the  proof  of  a  birth  shall  be 
by  a  certificate,  which  shall  contain  the  name  of  the  child, 
and  of  his  or  her  parent  or  parents,  and  the  time  and 
place  of  his  or  her  birth,  the  truth  of  which  certificate 

A* 


sliall  be'  sworn  or  affirmed  to  by  the-  parents  of  sndi  chile], 
or  one  of  them,  or  by  some  person  present  at  the  bh'th. 

4.  And  be  it  enacted,  That  the  proof  of  a  death  shall  be 
by  a  certificate,  which  shall  contain  the  name  of  the  per- 
son deceased  and  the  time  and  place  of  his  or  her  death, 
the  truth  of  which  certificate  shall  be  sworn  or  affirmed 
to  by  a  witness  who  was  present  at  the  death  of  such  per- 
son or  actually  saw  such  person  dead. 

5.  And  be  it  e7iacted,  That  every  justice  of  the  peace  of 
the  county  where  such  birth  or  death  shall  happen  is 
hereb}'  authorized  to  administer  the  said  oath  or  atiirma- 
tion;  and  the  said  certificate,  so  sworn  or  atfirmed  to, 
shall  be  filed  by  the  clerk  of  the  township,  whose  fees 
shall  be  twelve  cents  for  re_2;istering  each  birth  or  death, 
and  six  cents  for  filing  each  certificate. 

6.  And  be  it  enacted,  That  the  said  books  or  registers  of 
births  and  deaths,  and  other  books  heretofore  kept  for 
the  same  purposes  agreeably  to  law,  shall  be  admitted  in 
evidence  in  every  court  of  this  state. 

7.  And  be  it  enacted,  That  if  the  said  clerk  shall  not, 
■within  two  weeks  after  such  application  and  certificate  to 
Mm  made  and  produced  as  aforesaid,  and  the  fees  afore- 
said tendered  tO'  hirji,  enter  or  register,  in  the  form  and 
book  aforesaid,  any  such  birth  or  death,  he  shall  forfeit 
four  dollars,  to  be  recovered  by  action  of  debt,  with  costs, 
by  any  person  who  shall  sue  for  the  same. 

8.  And  be  it  enacted,  That  if  any  person  shall  wilfully, 
knowingly,  and  falsely  swear  or  atfirm  to  any  certificate 
of  suck  birth  or  death,  or  if  any  clerk  shall  wilfully  and 
knowingly  make  in  the  said  book  a  false  entry  of  such 
birth  or  death,  then  the  said  person  or  clerk  so  oflending 
shall  be  adjudged  to  be  guilty  of  a  misdemeanor,  and, 
on  conviction,  shall  be  punished  by  fine  or  imprisonment, 
or  both,  or  by  fine  or  imprisonment  at  hard  labor,  or  both, 
at  the  discretion  of  the  court,  the  fine  not  to  exceed  eight 
hundred  dollars,  and  the  imprisonment  not  to  exceed 
seven  years. 

Passed  May  2Tth,  1709. 


ux-s  ACT  relating  to  the  registry  and  returns  of  births,  mar- 
riages, and  deaths  in  tlie  state  of  Isew  Jersey.  Ap- 
proved March  3d,.  1848.     {Famph.  p.  155.) 

1.  Be  it  enacted  by  ike  Senate  mid  General  Assemhbj  of 
the  State  of  New  Jersey,  That  the  clerks  of  the  several 
townships  in  this  state  shall  annually,  on  the  fifteenth  of 
September,  transmit  to  the  secretary  of  state  of  this  state 
a  certified  copy  of  their  record  of  births,  marriages,  and 
deaths  which  have  occurred  within  their  respective  town- 
ships during  the  year  next  preceding  the  first  day  of  said 
month  :  the  births  shall  be  numbered  and  recorded  in  the 
order  in  which  they  are  received  by  the  clerk ;  the  record 
of  births  shall  state,  in  separate  columns,  the  date  of  the 
birth,  the  place  of  birth,  the  name  of  the  child  (if  it  have 
any),  the  sex  of  the  child,  name  and  surname  of  one  or 
both  of  the  parents,  occupation  of  the  father,  residence 
of  the  parents,  and  the  time  when  the  record  was  made  : 
the  marriages  shall  be  numbered  and  recorded  in  the  or- 
der in  which  they  are  received  by  the  clerk;  the  record 
of  marriages  shall  state,  in  separate  columns,  the  date  of 
the  marriage,  the  place  of  the  marriage,  the  name,  resi- 
dence, and  ofiicial  station  of  the  person  by  whom  married, 
the  names  and  surnames  of  the  parties,  the  residence  of 
each,  the  age  of  each,  the  condition  of  each  (whether  sin- 
gle or  widowed),  the  occupation,  names  of  the  parents, 
and  the  time  when  the  record  was  made :  the  deaths  shall 
be  numbered  and  recorded  in  the  order  in  which  they  are 
received  by  the  clerk;  the  record  of  deaths  shall  state,  in 
separate  columns,  the  date  of  the  death,  the  name  and 
surname  of  the  deceased,  the  sex,  condition  (whether  sin- 
gle or  married),  age,  occupation,  place  of  death,  place  of 
birth,  names  of  the  parents,  disease  or  causes  of  death, 
and  the  time  when  the  record  was  made. 

2.  And  be  it  enacted,  That  the  township  clerk  of  each, 
township,  or  some  person  duly  authorized  by  him,  shall 
annually,  on  the  fifteenth  of  September,  ascertain,  from 


actual  inquirj'  or  otherwise,  all  tlie  births  which  have  hap- 
pened wi-ihi'ii  such  township  during  the  year  neiit  preced- 
ing the  first  day  of  said  May,  together  with  the  flxcts  con- 
cerning births  required  by  the  first  section  of  this  act,  and 
shall  make  a  record  tljereof,  and  file  the  same  with  the 
papers  of  such  township  on  or  before  the  fifteenth  of  Sep- 
tember ;  and  the  said  township  clerk,  or  other  person  au- 
thorized by  him  to  make  such  returns,  shall  be  entitled 
to  receive  from  the  treasury  of  such  tou'nship  five  cents 
for  each  and  every  birth  so  returned.     (See  17.) 

3.  And  be  it  enacted,  That  every  justice,  minister,  and 
clerk  or  keeper  of  the  records  of  the  meeting" wherein 
any  marriages  among  the-  Friends  or  Quakers  shall  be 
solemnized  shall  make  a  record  of  each  marriage  solemn- 
ized before  him,  together  with  all  the  facts  relating  to 
marriages  required  by  the  first  section  of  this  act;  and 
each  such  justice,  minister,  clerk,  or  keeper  shall,  between 
the  first  and  tenth  days  of  each  month,  return  a  copy  of 
the  record  for  the  month  next  preceding  to  the  clerk  of 
the  township  in  which  the  marriage  was  solemnized ;  and 
every  person,  as  aforesaid,  who  shall  neglect  to  make  the 
returns  required  by  this  section  shall  be  liable  to  a  penalty 
often  dollars  for  every  such  neglect,  to  be  recovered  by 
action  of  debt,  with  costs  of  suit,  before  any  court  of 
competent  jurisdiction,  for  the  use  of  the  township  to 
Avhose  clerk  such  returns  ought  to  have  been  made. 

4.  And  be  it  enacted,  That  each  sexton,  or  other  person 
having  the  charge  of  any  burial  ground  or  cemetery  in 
this  state,  shall,  on  or  before  the  tenth  day  of  each  month, 
make  returns  of  all  the  facts  required  by  the  first  section 
of  this  act  connected  with  the  death  of  any  person  whose 
burial  he  may  have  superintended  during  the  mouth  next 
preceding,  to  the  clerk  of  the  township  in  which  such  de- 
ceased person  resided  at  the  time  of  his  death,  if  such 
death  happened  in  this  state ;  and  such  sexton  or  other 
person  shall  be  entitled  to  receive  from  the  treasury  of 
the  township  to  which  such  return  is  made  five  cents  [ten 
cents  by  act  of  March  19th,  1851,]  for  the  return  of  each. 


deatli  made  agreeably  to  the  provisions  of  tliis  act.     (See 
17.) 

5.  And  be  it  enacted,  Tliat  the  clerk  of  each  township 
shall  be  entitled  to  receive  from  the  treasury  of  such 
township  five  cents  for  the  record  of  each  marriage  and 
death ;  'provided,  such  clerk  shall  in  all  respects  faithfully 
perform  his  duties  under  this  act. 

6.  ,^nd  be  it  enacted,  That  the  secretary  of  state  of  this 
state  shall  prepare  and  furnish  to  the  clerks  of  the  several 
townships  in  this  state  blank  books,  of  suitable  quality 
and  size,  to  be  used  as  books  of  record  according  to  the 
provisions  of  this  act,  and  also  blank  forms  of  returns,  as 
herein  before  specitiecl,  and  shall  accompany  the  same 
with  such  instructions  and  explanations  as  may  be  neces- 
sary and  useful ;  and  he  shall  receive  said  returns,  and 
prepare  therefrom  such  tabular  results  as  will  render  them 
of  practical  utility,  and  shall  make  report  thereof  annu- 
ally to  the  legislature,  and  generally  shall  do  whatever 
may  be  required  to  carry  into  effect  the  provisions  of  this 
act;  and  for  the  fathful  discharge  of  his  duties  under  this 
act,  he  shall  be  entitled  to  receive,  annually,  the  sum  of 
fifty  dollars,  to  be  paid  by  the  treasurer,  on  a  warrant  pro- 
duced to  him  signed  by  the  governor  or  person  adminis- 
tering the  government  of  this  state.     (See  20.) 

7.  And  be  it  enacted,  That  any  clerk  who  shall  neglect  to 
comply  with  the  requirements  of  this  act  shall  be  liable 
to  a  penalty  of  ten  dollars,  [twenty-five  dollars  by  act  of 
1862]  to  be  recovered  by  action  of  debt,  w^ith  costs  of  suit^ 
before  any  court  of  competent  jurisdiction-,  fol'  the  use  of 
the  township  where  such  neglect  shall  be  proved  to  have 
existed. 

8.  And  be  it  enacted.  That  the  clerk  of  the  common 
council  or  board  of  aldermen  of  any  incorporated  city  or 
borough  in  this  state,  when  such  city  or  borough  shall  ex- 
tend to  and  include  the  limits  of  an  entire  township,  shall 
perform  the  same  duties,  receive  the  same  compensation, 
and  be  liable  to  the  same  penalties  as  are  by  this  act  pro- 
vided in  respect  to  the  clerks  of  the  several  townships  in 


10 

this  state ;  and  that  in  construing  this  act,  the  word 
"clerk,"  meaning  thereby  the  town  clerk  of  any  town- 
ship in  this  state,  shall  be  deemed  and  taken  to  include 
and  mean  the  clerk  of  the  common  council  or  board  of 
aldermen  of  any  incorporated  city  or  borough  as  afore- 
said, and  the  word  "  tow^nship"  shall  be  deemed  and  taken 
to  include  and  mean  any  incorporated  city  or  borough  as 
aforesaid. 


SuppLEME^'T.  Approved  March  nineteenth,  1851.  Pamph. 

p.  435. 

1.  And  be  it  enacted,  That  the  act  to  wdiich  this  is  a  sup- 
plement shall  be  so  altered  and  amended  as  to  increase 
the  compensation,  named  in  the  fourth  section  of  said  act, 
from  five  cents  to  ten  cents,  for  performing  the  duties 
therein  required.     [Balance  repealed.] 

2.  And  belt  enacted,  That  the  births  thall  be  reported  to 
the  clerk  of  the  towhship  by  the  physician  or  midwife  in 
attendance ;  and  in  case  there  is  no  physician  or  midwife 
in  attendance  at  anj^  birth,  then  the  parents  shall  be  re- 
quired to  report  the  birth  to  the  proper  officer  within  one 
month. 

3.  And  be  it  enacted,  That  should  the  returns  from  any 
township  not  be  received  by  the  secretary  of  state  within 
ten  days  after  the  expiration  of  the  time  when  the  same 
are  due,  it  shall  be  his  duty  to  notify  the  clerk  of  the  town- 
ship of  the  omission,  and  require  the  said  returns  to  be 
made. 

4.  And  be  it  enacted.  That  the  compensation  provided  to 
be  paid  to  the  secretary  of  state  by  the  sixth  section  of 
the  act  to  which  this  is  a  supplement  shall  be  increased 
from  fifty  dollars  to  one  hundred  dollars  per  annum. 


11 


A  FURTHER  SUPPLEMENT  to  the  act  entitled,  "An  act  relat- 
ing to  the  registering  and  returns  of  births,  deaths,  and 
marriages  in  the  state  of  :N^ew  Jersey,"  approved  March 
third,  one  thousand  eight  hundred  and  forty-eight. 

1.  Be  it  enacted  by  the  Senate  and  General  Assembly  of 
ike  State  of  New  Jersey,  That  the  duties  required  by  the 
first  and  second  sections  of  the  act  to  which  this  is  a  sup- 
plement shall  hereafter  be  performed  by  the  assessors  of 
the  several  townships  and  wards  of  this  state;  and  the 
said  assessors  shall  transmit  to  the  clerks  of  their  respec- 
tive townships  or  cities,  annually,  on  or  before  the  first 
day  of  September,  the  record  by  them  made,  as  required 
by  the  said  act,  and  which  record  shall  include  the  births, 
deaths,  and  marriages,  by  him  ascertained  by  actual  in- 
quiry or  otherwise,  which  have  happened  within  such 
township  during  the  year  next  preceding;  the  said  asses- 
sor shall  annex  to  said  record  an  affidavit  that  he  has  per- 
formed the  duties  required  by  this  act  faithfully  to  the 
best  of  his  knowledge  and  ability;  and  upon  receiving  a 
certificate  from  the  said  clerk  that  such  return  has  been 
made  to  him  within  the  time  limited,  together  with  a 
statement  of  the  whole  number  of  said  births,  deaths,  and 
marriages  so  returned,  the  said  assessor  shall  be  entitled 
to  receive  from  the  collector  of  said  township  five  cents 
for  each  birth,  death,  and  marriage  by  him  so  as  aforesaid 
returned,  the  receipt  for  which  shall  be  annexed  to  the 
said  certificate,  and  no  payment  shall  be  made  unless  such 
certificate  be  produced. 

2.  And  be  it  enacted,  That  it  shall  be  the  duty  of  the 
clerks  of  the  several  townships  and  cities  of  this  state  to 
make  a  copy  of  said  record  into  the  township  or  city  book 
for  recording  births,  deaths,  and  marriages,  and  to  trans- 
mit to  the  secretary  of  state,  annually,  on  or  before  the 
fifteenth  day  of  September,  a  certified  copy  of  said  record; 
and  upon  an  acknowledgment  from  the  secretary  of  state 
of  a  receipt  of  the  said  copy,  the  said  clerk  shall  be  enti- 


12 

tied  to  receive  the  sum  of  five  cents  for  each  birth,  cleatl, 
and  marriage  so  returned  by  him ;  provided,  that  no  pay- 
ment shall  be  made  for  said  services  without  a  production 
of  said  receipt. 

3.  And  be  it  enacted,  That  all  books  and  blanks  neces- 
sary to  carr}''  out  the  provisions  of  this  act  shall  be  sent 
by  the  secretary  of  state  to  the  clerk  of  each  county,  who 
shall  distribute  them  to  the  several  township  clerks  for 
the  use  of  the  said  clerks  and  assessors ;  the  expenses  in- 
curred by  the  said  county  clerks  shall  be  paid  by  the 
board  of  chosen  freeholders  of  their  respective  counties. 

4.  A7id  be  it  enacted,  That  the  provisions  of  the  act  to 
which  this  is  supplementary,  and  every  part  thereof  in- 
consistent with  the  ]prQvi.sioii&-of  this  act,  are  hereby  re- 
pealed. 

5.  And  be  it  enacted^,  That  every  assessor  and  clerk  who 
shall  fail  to  comply  with  the  requirements  of  this  act  shall 
be  liable  to  a  penalty  of  twenty-five  dollars,  to  be  recov- 
ered by  an  action  of  debt,  ia  the  name  and  for  the  use  of 
the  overseers  of  the  poor  of  the  township  of  which  said 
assessor  or  clerk  are  ofiicers,  in  any  court  of  competent 
lurisdictioii;,  and  the  said  overseers  are  required  to  com- 
mence said  suit  upon  receiving  notice  from  the  secretary 
of  state  that  such  record  has  not  been  received  in  his 
ofiice  within  the  time  above  limited. 

6.  And  he  it  enacted,  That  this  act  shall  have  immediate 
effect. 

Approved  March  11th,  1862. 


i 


13 


A  J'UHTHEH  SUPPLEMENT  to  the  act  entitled,  "  An  act  re- 
lating to  the  registry  and  returns  of  births,  deaths,  and 
marriages  in  the  state  of  Kew  Jersey,"  approved  March 
thirtieth,  one  thousand  eight  hundred  and  forty-six. 

1.  Be  it  enacted  hu  the  Senate  and  General  Assembly  of 
(lie  State  of  New  Jersey,  That  every  justice  of  the  peace, 
minister  of  the  gospel,  or  the  keeper  of  the  marriage  re- 
cords of  the  Society  of  Friends,  shall,  during  the  month 
of  June,  in  each  year,  deliver  to  the  assessor  of  the  town- 
ship in  which  such  marriages  are  celebrated  a  statement 
of  the  number  of  such  marriages  by  him  celebrated  or  re- 
corded, containing  the  date  and  place  of  marriage,  names 
and  surnames  of  the  parties,  the  residence,  age,  and  con- 
dition of  each  (whether  single  or  widowed)  and  the  names 
of  the  parents  of  each  ;  and  for  every  omission  or  neglect 
to  comply  with  the  requirements  herein  named  such  de- 
faulter shall  be  liable  to  a  penalty  of  twenty  dollars,  to  be 
recovered  in  any  court  of  competent  jurisdiction,  one  half 
thereof  for  the  use  of  the  overseer  of  the  poor  of  the  town- 
ship where  such  defaulter  shall  live,  and  the  other  half  to 
thfe  assessor  of  said  tmvnship. 

2,  A7id  be  it  enacted,  That  in  addition  to  the  duties  pre- 
scribed in  the  first  section  of  the  supplement  to  the  act 
named  in  the  title  to  this  act,  passed  on  the  eleventh  day 
of  March,  one  thousand  eight  hundred  and  sixty-two,  it 
shall  be  the  duty  of  the  assessors  of  the  several  townships 
and  wards  of  this  state,  before  the  time  limited  by  law  for 
making  returns  to  the  clerk  of  the  township,  to  make  a 
personal  demand  on  the  several  persons,  in  their  respec- 
tive townships  and  wards,  bylaw  authorized  to  solemnize 
or  record  marriages,  and  who  have  neglected  to  make  the 
returns  of  marriages  as  herein  required,  of  the  number 
of  such  marriages  by  them  respectively  solemnized  or  re- 
corded during  the  previous  year,  together  with  the  facts 
required  by  the  first  section  of  the  act  to  which  this  is  a 
supplement;  and  any  such  person  refusing  or  neglecting 

B 


14 

to  give  a  full  and  correct  report  thereof,  as  by  said  first 
act  required,  shall  thereby  forfeit  the  sum  of  twenty  dol- 
lars, one  half  to  the  said  assessor,  and  one  half  to  the  over- 
seer of  the  poor  of  the  said  ward  or  township,  to  be  re- 
covered by  action  of  debt  in  any  court  having  jurisdiction 
thereof,  in  which  action  the  said  assessor  shall  be  a  com- 
petent witness. 

3.  A7id  be  it  enacted,  That  the  affidavit  required  by  the 
first  section  of  the  supplement  herein  above  named  shall 
have  relation  to  and  be  made  in  reference  to  the  provi- 
sions of  this  act. 

4.  And  be  it  enacted,  That  the  assessor,  in  addition  to  his 
other  fees,  shall  be  entitled  to  receive  the  sum  of  twenty- 
five  cents  for  every  person  on  whom  he  shall  so  make  de- 
mand, as  required  by  the  provisions  of  this  act. 

5.  And  be  it  enacted,  That  the  secretary  of  state  shall 
procure  suitable  books,  in  which  he  shall  cause  to  be  en- 
tered an  alphabetical  index  of  all  the  returns  made  to  this 
office,  as  required  by  the  act  to  which  this  is  a  supplement. 

6.  A7id  be  it  enacted.  That  this  act  shall  take  effect  on 
the  first  day  of  June  next ;  provided,  that  in  the  city  of 
Newark,  the  city  clerk  shall  perform  the  duties  required 
by  this  act  to  be  performed  by  the  assessors  of  townships 
or  wards. 

Approved  March  25th,  1863. 


i 


15 


An  act  concerning  marriages,  passed  March  4th,  1795. 

1.  [Omitted.] 

2.  And  be  it  enacted,  That  every  justice  of  the  peace  of 
this  state,  and  every  stated  and  ordained  minister  of  the 
gospel,  shall  be  and  hereby  is  authorized  and  empowered 
to  solemnize  marriages  between  such  persons  as  may  law- 
fully enter  into  matriraonal  relation. 

3.  And  be  it  enacted,  That  no  justice  of  the  peace,  min- 
ister of  the  gospel,  or  other  person  having  or  pretending 
to  have  authority  to  join  persons  together  in  the  holy 
bands  of  matrimony,  shall  marry  any  male  under  the  age 
of  twenty-one  years,  or  female  under  the  age  of  eighteen 
years,  unless  the  parent  or  parents,  guardian  or  guardians, 
or  person  or  persons  under  whose  care  and  government 
such  minor  or  minors  shall  be,  be  present,  and  give  their 
consent  thereto,  or  until  the  minor  applying  to  be  married, 
whether  male  or  female,  shall  have  produced  a  certificate 
in  writing,  under  the  hand  of  the  parent  or  parents,  guar- 
dian or  guardians,  or  if  such  minor,  so  applying  to  be 
married,  have  no  parent  or  guardian,  then  under  the  hand 
of  the  person  or  persons  under  whose  care  and  govern- 
ment he  or  she  may  at  that  time  be ;  which  certificate 
shall  be  proved  to  be  genuine  by  the  oath  or  affirmation 
of  at  least  one  person,  of  full  age  and  discretion,  who  was 
present  at  the  signing  of  the  same,  and  affixed  his  or  her 
name  as  a  witness  thereto ;  which  oath  or  affirmation  any 
justice  of  the  peace,  or  minister  of  the  gospel,  authorized 
to  solemnize  marriages  as  aforesaid,  is  hereby  authorized 
to  take,  and  shall  enter  upon  the  back  of  the  certificate. 

4.  A7id  be  it  enacted,'  That  every  justice  of  the  peace,  min- 
ister of  the  gospel,  or  other  person,  having  or  pretending 
to  have  authority  to  join  persons  in  marriage,  who  shall 
marry  any  minor  or  minors,  by  virtue  of  a  certificate  had 
and  proved  as  above  directed,  shall  register  the  same,  or 
cause  it  to  bo  registered  in  a  book  by  him  to  be  kept  for 
the  purpose  of  registering  of  marriages,  and  within  thrcQ 


16 

months  after,  transmit  the  original  certificate  to  the  clerk 
of  the  county,  in  which  the  marriage  was  solemnized,  to 
be  b}^  him  filed  in  his  oflice. 

5.  Aiid  be  it  enacted,  That  if  any  justice  of  the  peace, 
minister  of  the  gospel,  or  other  person,  having  or  pre- 
tending to  have  authority  to  join  persons  together  in  the 
holy  bands  of  matrimony,  shall  marry  any  minor  or  mi- 
nors, without  the  consent  of  the  parent  or  parents,  guar- 
dian or  guardians,  or  person  or  persons  having  the  care 
and  government  of  such  minor  or  minors,  had  and  ob- 
tained, according  to  the  direction  of  this  act,  and  contrary 
to  the  true  intent  and  meaning  thereof,  every  such  justice 
of  the  peace,  minister  of  the  gospel,  or  other  person,  hav- 
ing or  pretending  to  have  authority  to  join  persons  to- 
gether in  the  holy  bands  of  matrimony,  shall,  for  every 
such  ofifence,  forfeit  three  hundred  dollars,  to  be  recovered, 
with  costs  of  suit,  by  action  of  debt  or  information,  in 
any  court  of  record  of  this  state,  by  the  parent,  guardian, 
or  person  having  charge  of  such  minor  as  shall  be  so  joined 
in  marriage  as  aforesaid,  the  one  half  of  the  said  forfeiture 
to  be  paid  to  the  treasurer  of  the  state,  for  the  use  of  the 
state,  and  the  other  half  to  be  for  the  use  of  the  parent, 
guardian,  or  other  person  having  charge  of  such  minor, 
who  shall  prosecute  the  same  to  etfect. 

6.  Aiid  be  it  enacted,  That  every  justice  of  the  peace,  and 
minister  of  the  gospel,  shall  make  and  keep  a  particular 
record  of  all  marriages  solemnized  before  him,  and  trans- 
mit a  certificate  of  every  particular  marriage  (containing 
both  christian  names  and  surnames)  within  six  months 
after  the  solemnization  thereof,  to  the  clerk  of  the  court 
of  common  pleas  for  the  county  in  which  the  marriage 
was  solemnized. 

7.  Aiul  be  it  enacted,  That  if  any  justice  of  the  peace,  or 
minister  of  the  gospel,  shall  neglect,  omit,  or  refuse  to 
make  return  to  the  clerk  of  the  county  as  aforesaid,  of  all 
the  marriages  by  him  pronounced,  he  shall,  for  every  such 
ofl'ence,  forfeit  the  sum  of  fifty  dollars,  to  be  recovered, 
with  costs,  by  the  clerk  of  the  said  court  of  common  pleas, 


17 

or  any  other  person,  who  shall  prosecnte  for  the  same,  hj 
action  of  debt  or  information,  in  any  court  having  cognit- 
zance  thereof. 

8.  A7id  be  it  enacted,  That  the  respective  clerks  of  the- 
courts  of  common  pleas,  in  and  for  the  several  coun- 
ties of  this  state,  shall  register  and  record  all  such  returns 
of  marriages  at  large  in  a  book  to  be  kept  for  that  pur- 
pose, and  no  other,  within  the  space  of  one  calendar 
month  after  receiving  the  same,  for  which  service  the  said 
clerks,  respectively,  shall  be  allowed  and  receive^  for  each 
and  every  entry  aforesaid,  the  sum  of  twelve  cents,  to  be 
paid,  by  the  person  married,  to  such  justice  of  the  peace, 
or  minister,  who  shall  perform,  the  ceremony,  and  by  such, 
justice  or  minister,  with  the  certificate  theueof,  be  trans- 
mitted to  the  clerk;  and  if  any  su<ih  clerk  shall  refuse^ 
neglect,  or  omit  to  register  and  record,  within  the  said 
time,  any  such  return  so  to  him  made,  or  any  part  thereof,, 
he  shall  forfeit  the  sum  of  one  hundred  dollars,  to  be  re- 
covered, with  costs,  by  any  person  who  shall  prosecute 
for  the  same,  by  action  of  debt  or  information,  in  any 
court  having  cognizance  thereof. 

9.  And  be  it  enacted,  That  it  shall  and  may  be  kwful  for 
every  religious  society  in  this-  state  to^  join  together  in 
marriage  such  persons  as  are  of  the  said  society,  accord- 
ing to  the  rules  and  customs  of  the  society  to  which  they 
belong;  j^rovided,  the  clerk  or  keeper  of  the  minates,  pro- 
ceedings, or  other  book  of  the  religious  society,  whereia 
such  marriages  shall  be  had  and  solemnized,  shall  make- 
a  true  and  faithful  register  of  all  marriages-  soLemnizedj 
in  the  society  in  the  book  by  him.  kept. 

10.  And  be  it  enacted,  That  such  book  of  marmges^,  so. 
kept  by  the  respective,  clerks  of  the  courts  of  common 
pleas,  and  by  the  clerks  of  such  religious  societies^,  as  are- 
authorized  to  solemnize  marriages  by  the  preceding  sec- 
tion of  this  act,  shall  be  admitted  as  evidence  in  alicourts^ 
of  law  and  equity  in  this  state. 

11.  And  be  it  enacted,  That  if  any  justice  of  the  peace^ 
or  minister  of  the  gospel,  shall  wilfully  and  knowingly 


IS 

make  a  false  return  of  such  marriages,  or  any  of  them,  to. 
the  said  clerk,  of  the  court  of  common  pleas,  or  if  the  said, 
clerk  of  such  court  shall  wilfully  and  knowingly  make  a 
false  entry,  register,  and  record  of  any  return  of  marriages, 
so  to  him  made,  in  the  said  book  by  him  before  directed 
to  be  kept ;  or  if  any  clerk  or  keeper  of  the  minutes,  and, 
proceedings  of  such  religious  societies,  as  are  authorized 
to  solemnize  rnarriages  by  this  act,  shall  wilfully  and 
knowingly  make  a  false  entry,  register,  and  record  of  such 
marriages,  or  any  of  them,  then  every  such  person,  so 
otiendiug,  shall  be  adjudged  guilty  of  a  m.isd.emeanor,  and, 
on  conviction,  shall  be  punished  by  fine  or  iniprisonment, 
ox  both,  at  the  discretion  of  the  court. 


NOTES. 

Tlie  consent  of  parents,  &c.,  to  tlie  marriage  of  a  minor  must  be  signi- 
fied by  their  being  present,  or  by  the  certificate  proved  in  the  manner  pre- 
scribed in  the  act  (above  3).  It  will  be  no  defence  to  a  justice  or  minister, 
if  sued  for  the  penalty,  to  prove  that  the  parent  had  declared  he  had  no 
objections  to  the  marriage.     2  Ifalst.  138. 

To  enable  the  master  of  an  apprentice  to  maintain  an  action  for  the 
penalty  (above  5),  againgt  a  justice  or  minister,  it  must  be  averred  and 
proved  that  the  minor  had  no  parent  or  guardian  living.  7  Halst.  259. 


19 


INSTRUCTIONS 


The  duties  heretofore  enjoiued  of  the  clerk  of  a  town- 
ship are  to  be  done  by  the  assessor,  wlio  is  to  make  the 
return  to  the  clerk  of  said  township.  The  time  for  mak- 
ing the  report  is  changed  from  May  till  September ;  but 
the  time  to  commence  the  year  for  this  purpose  is  on  the 
first  day  of  May,  as  heretofore,  no  reason  appearing  for  a 
change  in  the  time. 

It  will  be  perceived  that  these  penalties  are  provided 
for  neglect  of  duty.  It  would  be  a  matter  of  satisfaction 
if  the  duties  of  the  various  ofiicers  should  be  discharojed 
without  incurring  any  penalties ;  but  it  is  well  to  under- 
stand that  these  penalties,  if  forfeited,  will  be  strictly  en- 
forced. 

The  value  of  the  statistics,  collected  at  so  great  expense, 
depend  almost  entirely  on  their  accuracy,  their  complete- 
ness, and  their  universality :  one  omission  vitiates,  to  a 
degree,  the  whole  collection. 

These  duties  are  required  to  be  performed  under  the 
sanction  of  an  oath,  and  ought  to  be  discharged  with  the 
same  fidelity  as  the  assessment  for  taxation. 

Should  blanks  or  books  be  needed,  they  will  be  fur- 
nished through  the  county  clerk,  on  application  to  the 
secretary  of  state. 

j|@^  Note. — The  returns  may  be  made  to  the  ofiice  of 
the  secretary  of  state  at  any  time  between  the  first  days 
of  May  and  September. 


20 


FORMS. 

IsE'w  Jersey, County,  ss. 

I,  A.  B.,  assessor  of  the  township  (or  ward)  of , 

in  said  county  (or  city),  do  depose  (or  afBrm)  and  say,  that 
I  have,  to  the  best  of  my  knowledge  and  ability,  faithfully 
performed  the  duties  required  of  me  as  such  assessor  un- 
der the  act  relating  to  the  registry  and  returns  of  births, 
deaths,  and  marriages  in  the  state  of  New  Jersey,  and  of 
the  supplements  thereto,  a  true  record  whereof  is  hereto 
annexed. 

A.  B. 

Sworn  (or  affirmed)  this day  of  ,  A.  D. 

186     ,  before  me. 


I,  C.  D.,  clerk  of  the  township  of (or  ward)  in 

the  county  (or  city)  of ,  do  hereby  certify,  that  A.  B., 

the  assessor  of  said  township  (or  ward)  has  on  this  day, 
being  within  the  time  limited  by  law,  made  to  me  a  re- 
turn containing  a  statement  of  the  number  of  births, 
deaths,  and  marriages  which  have  occurred  in  said  town- 
ship during  the  year  ending  on  the  first  day  of  May  last. 
That  the  whole  number  returned  is — 

No.  of  births, 
"    of  deaths, 
"    of  marriages, 
and  that  said  assessor  is  entitled  to  receive  five  cents  for 
each  birth,  death,  and  marriage  so  returned. 

Dated ,  A.  D.  186    , 

C.  D.,  Clerk. 


ICI 


